Selectmen Bill Marcussen and Lloyd Wood appear to be giving false information about having town-business related emails in their possession.
On November 3, 2016, I made a Right to Know request for emails that Carolyn Sundquist, then the chairman of the board of selectmen, had sent or received between January 1, 2016, and February 29, 2016. Instead of complying with the Right to Know law (RSA 91-A), the selectmen tried to charge me an illegal fee to access these public records. When I refused to pay the fee, which could have amounted to thousands of dollars, the selectmen sued me and Bob McWhirter. The selectmen eventually lost their case against me after eight months of litigation.
Nevertheless, the selectmen have refused to provide me with all of the emails I requested. They have sent me only the emails that Carolyn received, but not the emails that she sent. Their attorney, Richard Sager of Sager & Smith in Ossipee, NH, has admitted that the emails were deleted, which is a possible criminal violation of 91-A:9.
Because the selectmen refused to provide me the sent emails from Carolyn, last week I requested emails from Bill and Lloyd for the same months (January and February 2016). I did this because Bill and Lloyd may possess emails that Carolyn sent. Those are the emails that I am looking for and that any member of the public has a right to see.
The selectmen’s secretary, Karen Koch, emailed me yesterday and made the completely unbelievable claim that Bill and Lloyd do not have any emails for the two months in question.
Subject: request for emails
From: Tuftonboro Selectmen <email@example.com>
Mon, Dec 4, 2017 at 3:53 PM
I have been notified that you requested all town-related emails sent or received by Bill and Lloyd between January 1, 2016 and February 29, 2016. Bill was not a selectman at this time but did serve on Town committees. He doesn’t believe that he has any emails from this time period. He will verify this and if he finds anything I will notify you.
Lloyd doesn’t have any emails from this time period.
Town of Tuftonboro
240 Middle Road
P.O. Box 98
Ctr. Tuftonboro, NH 03816
(603) 569-4539 X10
This is not just unbelievable, it’s verifiably false. Here is an email that Bill sent to Lloyd, Carolyn, and Dan Duffy on Feb. 10, 2016, within the timeframe in question:
Bill and Lloyd are either misleading or forgetful, or they have deleted all of their emails.